Should Commercial Suit Be Rejected Under O VII R 11 CPC For Not Following Pre-Institution Mediation? Supreme Court To Examine
1 month, 1 week ago

Should Commercial Suit Be Rejected Under O VII R 11 CPC For Not Following Pre-Institution Mediation? Supreme Court To Examine

Live Law  

The Supreme Court will examine the question whether a commercial suit should be rejected at the threshold for not following the pre-institution mediation as per Section 12A of the Commercial Courts Act.While issuing notice in a Special Leave Petition, a bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar observed :"The question that requires consideration by. The Supreme Court will examine the question whether a commercial suit should be rejected at the threshold for not following the pre-institution mediation as per Section 12A of the Commercial Courts Act. While issuing notice in a Special Leave Petition, a bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar observed : "The question that requires consideration by this Court is whether, due to non-compliance with Section 12A of the Commercial Courts Act, 2015, a suit should be dismissed under Order VII Rule 11 of the Code of Civil Procedure, 1908, or whether it should be kept in abeyance, directing the parties to first explore the possibility of settlement by instituting mediation." In 2022, the Supreme Court had held in M/s Patil Automation Private Limited and others versus Rakheja Engineers Private Ltd 2022 LiveLaw 678 that pre-institution mediation was mandatory in commercial suits.

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History of this topic

Sending Legal Notice Or Mediation Request Doesn't Satisfy Section 12A Of Commercial Courts Act Mandating Mediation: Delhi High Court
Trending News
3 weeks, 6 days ago

Sending Legal Notice Or Mediation Request Doesn't Satisfy Section 12A Of Commercial Courts Act Mandating Mediation: Delhi High Court

Live Law  

The Delhi High Court has observed that sending a legal notice or mediation request to a party cannot be considered as a 'compliance' of Section 12A of the Commercial Courts Act, 2015, which mandates mediation before the institution of a commercial suit. However, the Registry of the Commercial Court rejected the petitioner's plaint on the ground that in the absence …

Plaint Cannot Be Rejected Even If No Satisfaction Is Recorded By Court On Bypassing Pre-Institution Mediation U/S 12A Of Commercial Courts Act: Calcutta HC
1 month ago

Plaint Cannot Be Rejected Even If No Satisfaction Is Recorded By Court On Bypassing Pre-Institution Mediation U/S 12A Of Commercial Courts Act: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Raja Basu Chowdhury has held that admission of the plaint by the Commercial Court without recording satisfaction as to whether the requirement of pre-institution mediation under section 12A of the Commercial Courts Act, 2015 can be bypassed and a case for urgent relief is established, cannot be said to be fatal and the …

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC
1 month, 3 weeks ago

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that the clear intent of Section 12A of the Commercial Courts Act, 2015 is to encourage parties to use litigation as a last resort and to resolve commercial disputes amicably, informally, cheaply and quickly under the process of mediation. Additionally, the court modified the interim …

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC
2 months, 2 weeks ago

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justices Ninala Jayasurya and Nayapathy Vijay observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. In exercise of its powers to grant interim relief under Section 9 of the Arbitration Act, the Court is not strictly bound by the …

Mediation Council of India: A crucial missing link in commercial dispute reforms
2 months, 3 weeks ago

Mediation Council of India: A crucial missing link in commercial dispute reforms

Live Mint  

New Delhi: Amid a growing policy push for mediation, legal practitioners have pushed for the urgent formation of a council comprising experts and policymakers to determine the rules and procedures involved in mediation. While the 2015 Commercial Courts Act created designated courts to resolve commercial disputes, with mediation playing a crucial role, the 2023 Mediation Act stipulated that a Mediation …

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
6 months, 3 weeks ago

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the Competition Commission of India must honour the outcomes of mediation and respect the settlements reached between the parties. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.“By doing so, they not only. …

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court
1 year ago

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that the requirement of pre-litigation meditation under Section 12-A of the Commercial Courts Act, 2015 is mandatory in nature. Brief Facts: The Plaintiff approached the Delhi High Court and field an application requesting for an exemption from pre-litigation mediation, as mandated by Section 12-A of the Commercial Courts Act, 2015. …

Commercial Courts Act | Trademark Infringement Suits Not Exempt From Pre-Institution Mediation Merely Because There Is Penal Consequence: Madras HC
2 years, 1 month ago

Commercial Courts Act | Trademark Infringement Suits Not Exempt From Pre-Institution Mediation Merely Because There Is Penal Consequence: Madras HC

Live Law  

While rejecting a plea for leave to sue filed by Aachi Spices and Foods in a suit seeking an injunction restraining Karaikudi Achi Mess from using trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has held that mere existence of a penal consequence cannot be a ground for a party to …

Pre-Litigation Mediation Under The Commercial Courts Act – Mandatory?
2 years, 3 months ago

Pre-Litigation Mediation Under The Commercial Courts Act – Mandatory?

Live Law  

Various forms of Negotiation have existed before history started to record it for posterity. Recently, in Patil Automation Private Limited and Others v. Rakheja Engineers Private Limited, a seminal question which arose for consideration before the Supreme Court of India was whether the statutory pre-litigation mediation as contemplated under Section 12A of the Commercial Courts Act, 2015 is mandatory or …

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court
2 years, 6 months ago

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court

Live Law  

The High Court of Delhi has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer then in that circumstance, the requirement of pre-litigation meditation stands satisfied. The Bench of Justice Prathiba M. Singh while reiterating that pre-litigation mediation as provided under Section 12-A of the CCA is …

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court
2 years, 7 months ago

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court

Live Law  

In a judgment having far reaching impact in commercial litigations, the Supreme Court on Wednesday declared that Section 12A of the Commercial Courts Act, which mandates pre- institution mediation, is mandatory and suits which are filed violating this mandate are liable to be rejected at the threshold under Order VII Rule 11 of the Code of Civil Procedure.The Court has …

Mediation Bill: House panel recommends against compulsory mediation, role for judiciary
2 years, 8 months ago

Mediation Bill: House panel recommends against compulsory mediation, role for judiciary

The Hindu  

Parliamentary Standing Committee on Law and Justice, headed by veteran BJP leader Sushil Kumar Modi, has recommended substantial changes to the Mediation Bill, meant for institutionalisation of mediation and establishment of the Mediation Council of India. Sources in the panel confirmed after a meeting here on Monday that the members deliberated upon 20 key issues in the Bill, including the …

Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court
2 years, 11 months ago

Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court

Live Law  

The Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure. Justice Amit Bansal was dealing with two applications filed under Order VII Rule 10 and Order VII Rule 11 of the CPC in a trademark infringement suit. 1 had preferred the applications under Order …

'Pre-Litigation Mediation May Not Be Feasible': Supreme Court Asks NALSA To Consider Post-Cognizance Mediation Of Cheque Bounce Cases U/ S 138 NI Act
4 years, 2 months ago

'Pre-Litigation Mediation May Not Be Feasible': Supreme Court Asks NALSA To Consider Post-Cognizance Mediation Of Cheque Bounce Cases U/ S 138 NI Act

Live Law  

The Supreme Court on Tuesday observed that NALSA's recommendations on pre-litigation mediation for settlement of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 may not be feasible. Amicus curiae Sr Adv Siddharth Luthra submitted before the Bench that pre-litigation mediation under the draft scheme prepared by NALSA can take place only after cognizance, as the NI …

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